Archive for March, 2009

Bankruptcy's Big Questions | UK Bankruptcy - Help, Information

Tuesday, March 31st, 2009

There are two (2) questions I am asked at least a few times each day when people contact me for bankruptcy advice: Does it affect my spouse or partner? Can I keep my car?

Some Common Bankruptcy Questions

Tuesday, March 31st, 2009

The first and the most basic question is ‘under which chapter of the law should I file for insolvency?’ Well, as a matter of fact, you should file for insolvency under chapters 7, 9, 11, 12 and 13 of the bankruptcy law.

Tuesday, March 31st, 2009
bankruptcy file
Chintamani asked:


·Insolvency

Cash flow insolvency is the inability to pay debts upon demand.  Balance sheet insolvency simply means that you have more debts than assets.  It is possible to be cash flow insolvent at the same time you are balance sheet solvent.  This happens when you have money bound up in non-liquid assets.  Many taxpayers have experienced this recently, when they have been forced into foreclosure due to the inability to pay their mortgage.

When your liabilities exceed your assets, you are insolvent.  If a lender forgives your debt under insolvency, you can file for insolvency exclusion in that amount on your income tax.  Otherwise you will have to enter the forgiven debt on your income tax report.  Recently many homeowners realized that the cost of their mortgage exceeded the value of their home.  These homeowners qualified for the insolvency exclusion on their taxes.

The amount you can exclude can be no higher than the amount by which your liabilities exceed your assets. If the debt forgiven qualifies under the tax code and is used for running a farm, it might not be income at all.

·Chapter twelve or thirteen bankruptcy

If you file a chapter twelve or thirteen bankruptcy, you will file the same income tax report.  Include your entire income, as is normal procedure.  But do not include any cancelled debt on your federal income tax return.  Losses in property must be reduced by the total cancelled debt.

·Chapter seven or eleven bankruptcy

Under chapter seven or eleven bankruptcy filings, a separate estate is created from your estate prior to filing.  You, as a taxpayer and your bankruptcy estate are two distinct entities.  Under chapter seven, a trustee is appointed to your estate.  The trustee sees to the liquidation of your non-exempt assets.  Under chapter eleven, you stay in charge of the estate.  You are given debtor-in-possession status.  All monies earned after the bankruptcy filing are yours and not part of the bankruptcy requirements.  If your bankruptcy petition is rejected, you are responsible for filing an Internal Revenue Service tax form 1040X and become responsible for your income taxes as if you had never made the bankruptcy petition.

You have to file an income tax return during the bankruptcy process.  You will not include, deductions, credits, or income belonging to the bankruptcy estate, as it is an entity separate from you.  You can choose to end your tax year the day before you file your bankruptcy petition.

If you file for bankruptcy after the first of January, any refund you receive from taxes that year, even if you have yet to file, is an asset in your bankruptcy.



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Financial Hardship? Contact a Baltimore Bankruptcy Lawyer :: The

Tuesday, March 31st, 2009

Your Baltimore bankruptcy lawyer can help point you in the right direction after these preliminary questions have been answered. While it is important to listen to the advice and recommendations of your bankruptcy lawyer, remember that

Bankruptcy Questions

Tuesday, March 31st, 2009

As more and more Americans fall victim to rising bills and a slowing economy, a good number of ordinary citizens have been forced to investigate bankruptcy as a final solution to mounting debtloads. Nearly two million of us went

equity in home

Tuesday, March 31st, 2009

I spoke with a trustee today about my spouse filing bankruptcy. I was under the impression that when figuring out the equity value in our home that you subtract the real estate fee`s, lawyer fee`s, and interest penalties. The trustee told me that if I am planning on keeping the home that you cant subtract those fee`s. Is this true?

Posted from: Ontario

equity in home

Tuesday, March 31st, 2009

I spoke with a trustee today about my spouse filing bankruptcy. I was under the impression that when figuring out the equity value in our home that you subtract the real estate fee`s, lawyer fee`s, and interest penalties. The trustee told me that if I am planning on keeping the home that you cant subtract those fee`s. Is this true? Posted from: Ontario. Filed under: Bankruptcy. posted by Questions @ 8:27 pm. 1 Expert Comment: Click here for more information about Ted

Chapter 7 Bankruptcy Quick Guide

Tuesday, March 31st, 2009

It is necessary for you to comprehend the assorted events that comprise the different bankruptcy chapters. The more familiar chapters frequently utilized are chapter 7 bankruptcy law, 9, 11, 12 and 13. The terms all refer to the various methods of bankruptcy, however now we will pay particular attention to chapter 7 bankruptcy law.

MORE QUESTIONS THAN ANSWERS ABOUT THE MEC BANKRUPTCY

Tuesday, March 31st, 2009

This posting begins by listing excerpts from the “Frequently Asked Questions” that Magna Entertainment has posted about its bankruptcy filing (the complete list of questions and answers can be found at

What Can I Keep If I File Bankruptcy?

Tuesday, March 31st, 2009

If you are looking to file bankruptcy in the state of Massachusetts, there are different types of bankruptcy to consider. Exemptions are allowed in Chapter 7 and 13 bankruptcies. These exemptions are defined by the state in which you are filing and disallow your applicable property from being sold to pay your debts. Some of the more important exemptions as defined by the state of Massachusetts are as follows:

RRSP`s

Tuesday, March 31st, 2009

I`m a single mother and has been on Maternity leave and am considering bankruptcy as I have too many debts to pay, if i do will i lose my Canada Child Benefit check every month? I also have RRSP`s through Clarica, will I lose those as well(maybe worth $5000)? Please advise, thank you in advance

Posted from: New Brunswick

RRSP`s

Tuesday, March 31st, 2009

I also have RRSP`s through Clarica, will I lose those as well(maybe worth $5000)? Please advise, thank you in advance. Posted from: New Brunswick. Filed under: What I Keep or Lose in Bankruptcy in Canada. posted by Questions @ 2:46 pm

Joint investements

Tuesday, March 31st, 2009

I`m considering filing for personal bankruptcy and I just recently found out that my mother had some investements accounts such as GIC`s and RRSP`s in my name and her`s. Now what happen`s to those investements that are joint accounts? I don`t wan`t my mother to loose her investements because of my decision?

Posted from: Ontario

Joint investements

Tuesday, March 31st, 2009

Now what happen`s to those investements that are joint accounts? I don`t wan`t my mother to loose her investements because of my decision? Posted from: Ontario. Filed under: Bankruptcy. posted by Questions @ 11:57 am

Why Should the Consumer Bankruptcy Laws Be Revised?

Tuesday, March 31st, 2009

The consumer bankruptcy laws of this country were revised just 4 short years ago in a sweeping bit of reform legislation under the Bush administration. The laws were championed by the credit card companies and other creditors as a way of guaranteeing they would not be left holding the bag of people who get trapped under bills.

Bankruptcy?

Tuesday, March 31st, 2009

Is bankruptcy something a Christian should consider, whether personal or business? The Bible instructs us to pay our debts, not to escape from our responsibilities. Is there ever a time that bankruptcy is the right thing to do?

What to Do to Avoid Bankruptcy

Tuesday, March 31st, 2009

We are clearly in tumultuous times and the financial stresses are taking a toll on numerous Americans across the country. As people lose jobs, debt tends to accumulate. Families that are struggling to make ends meet are more and more considering bankruptcy as a means to shed their debt and start over fresh with a clean financial slate. However, bankruptcy can help those that are at the end of the road and have no more cards left in their hand to play, but most people would like to avoid it if possible.

bankruptcy

Tuesday, March 31st, 2009

i didnt complete my bankruptcy back in 2000,its 2009 and i have no debts in the credit places,i have a vise and an overdraft on my account.everything looks fine.the trustee says i must complete my bankruptcy though.why?im fine now.

Posted from: Ontario

bankruptcy

Tuesday, March 31st, 2009

i didnt complete my bankruptcy back in 2000,its 2009 and i have no debts in the credit places,i have a vise and an overdraft on my account.everything looks fine.the trustee says i must complete my bankruptcy though.why?im fine now. posted by Questions @ 10:03 am. No expert has commented on this question yet. Ask A Question

Mr. Chalak

Tuesday, March 31st, 2009

I have $120000 in unsecured debt, $20000 of wich is a line of credit joined with my wife. I want to declare bankruptcy but she does not. Can she take full responsibility for the line of credit while I declare bankruptcy?

Posted from: British Columbia

Bankruptcy Discharge - What is it and Why Does it Matter?

Tuesday, March 31st, 2009

Filing bankruptcy can be both a rough time and an utter relief. Why? Well, filing is a big step towards getting your financial house in order and finally getting a discharge. What is a bankruptcy discharge and why is it important? I’m glad you asked.

Cafe Hayek: Questions

Tuesday, March 31st, 2009

Nice words. But if he really believes his rhetoric, why is he using taxpayer dollars to protect GM and Chrysler from bankruptcy? Surely an ingenious and resilient people can weather the bankruptcy of these ancient behemoths.

Tuesday, March 31st, 2009
bankruptcy file
Peter Gitundu asked:


Most people today are going to court to seek protection from the harassment of creditors once they have been unable to pay their debts. There are mainly two chapters under which bankrupt people can file a petition. The liquidation chapter has some of the debtors property sold in order to pay off outstanding debts. There are several facts that the debtor must equip himself with when such a situation occurs.

In Personal bankruptcy filing, one can protect their personal property from being taken over by the creditors. One risks being sued by the creditors and loosing all they have if they do not file a financial distress petition in court. This move will protect the consumer property especially if the property cannot cover the debt once sold. The court must evaluate property such as an automobile and house, if they will not be worth the net debt then the debtor will be allowed to retain such property.

Many people live in fear that once they file a personal insolvency petition, creditors may continue to harass them. The truth is that immediately the court has received the petition, it stops the creditors from any collective action against the debtor. The court appoints an attorney who is to answer to any creditors. There will be no more communication between the creditor and the debtor once the petition has been filed.

Debtors should be advised that personal bankruptcy could be the only option left when all has been done to no avail. It is important for anyone willing to go this way to get advice from the appropriate persons to allow them make informed decisions.



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Questions and answers about government-backed vehicle warranties

Monday, March 30th, 2009

Starting March 30, consumers buying a GM or Chrysler vehicle have their warranties honored in the event that the maker of their car or truck goes into bankruptcy.

The government will finance the companies’

home and bankruptcy

Monday, March 30th, 2009

my mom has huge credit card debt, we own a home 50/50 with no mortgage, I have told her to put it in my name and declare bankruptcy, she refuses. If she declares bankruptcy, can they take the house?

Posted from: British Columbia